Executive Engineer, Minor Irrigation Division, Akola v. Pratap Thavara Chauhan And Another

2004caf372.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.372 of 2016 And Civil Application (CAF) No.373 of 2015 In First Appeal Stamp No.24033 of 2015 (The Executive Engineer, Minor Irrigation Division, Akola v. Shri Pratap Thavara Chauhan and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.S. Agrawal, Advocate for Applicant/Appellant. Shri Amol Darekar, Advocate for Respondent No.1. Shri A.M. Deshpande, AGP for Respondent No.2. Coram : R.K. Deshpande, J.

Date : 20 th April, 2016 Civil Application (CAF) No.372 of 2016 :

By consent of the learned counsels appearing for the parties, the notice to the respondents is made returnable forthwith.

Respective counsels waive service.

After going through the averments made in this civil application, I am satisfied that a sufficient cause is made out for condonation of delay.

Hence, the civil application is allowed. The delay of 194 days caused in filing an appeal, is condoned. The civil application is disposed of.

2004caf372.16.odt First Appeal Stamp No.24033 of 2015 :

Heard the learned counsel for the appellant.

Admit.

Respective counsels waive service.

Call for R & P.

Civil Application (CAF) No.373 of 2016 :

There shall be stay in terms of the prayer clause of this civil application, which shall continue to operate pending the decision of the appeal.

The appellant to deposit the entire decretal amount in this Court within a period of twelve weeks, failing which this civil application for stay shall stand dismissed without reference to the Court.

The civil application is disposed of.

Judge.

Lanjewar